How to get your Security Deposit Back from your Landlord in 2025

Now that you’ve found a new place to move to, there is plenty to be done before you actually shift into your new home. It’s an exciting time, you start planning everything from your finances to packers and movers and even the griha pravesh. But first, you need to break the news to your landlord, how do you tell them you won’t be staying there anymore? Will they take it well, or will they raise hell?

Most landlords or house owners hate losing tenants, the main reason for this is that they will have to give back the hefty deposits they collected as collateral. The other is the fact they know their home will be unoccupied, and they will end up losing money. In order to save themselves from losing so much money, they normally withhold the deposit you paid them. So, how do you convince them to give it back?

What is a rental deposit?

If you are a tenant in India, you would have surely heard the term “rental deposit” or “security deposit” from your landlord or broker. A rental deposit is a sum of money paid by the tenant to the landlord or broker as a security against damages to the rental property or non-payment of rent. Here is a comprehensive guide on everything you need to know about rental deposits.

Quality Service Guarantee Or Painting Free

Unbeatable Price 5-Star Rated Partner! 2200+ Shades! Top Quality Paint Free Cancellation!

Get a rental agreement with doorstep delivery

Rental Agreement NOW

Find the BEST deals and get unbelievable DISCOUNTS directly from builders!

Find the BEST deals

5-Star rated painters, premium paints and services at the BEST PRICES!

FREE Estimate

What is a Security Deposit Meaning?

A security deposit is a sum of money paid by the tenant to the landlord or broker as a guarantee against damages or losses to the rental property, or to cover unpaid rent. The security deposit can be used by the landlord to repair any damages caused by the tenant or to cover any unpaid rent when the tenant vacates the property. The security deposit amount is usually equal to two or three months' rent, and it is refundable at the end of the lease term.

What are the security deposit laws in India?

Security deposit laws in India are governed by the Rent Control Act of each state. In most states, landlords are allowed to collect a security deposit, which is usually equivalent to two or three months' rent. The landlord is required to provide a receipt for the security deposit, and the amount must be mentioned in the rental agreement. The security deposit is refundable at the end of the lease term, provided there is no damage to the property or unpaid rent.

Is a security deposit refundable? What do you need to know?

Yes, a security deposit is refundable at the end of the lease term, provided there is no damage to the rental property or unpaid rent. The landlord is required to return the security deposit within a reasonable time frame, usually within one to two months from the end of the lease term. However, if there is any damage to the property or unpaid rent, the landlord can deduct the amount from the security deposit and return the balance amount.

What should you do if your landlord is not returning your security deposit?

If the landlord is not returning the security deposit, the tenant can take legal action against the landlord. The tenant can send a legal notice to the landlord asking for the return of the security deposit. If the landlord still does not return the security deposit, the tenant can file a case in the civil court for the recovery of the security deposit.

What steps should you take if the owner is not returning your security deposit in India?

If the owner is not returning the security deposit in India, the tenant can follow these steps:

1. Send a legal notice to the owner asking for the return of the security deposit.
2. If the owner still hasn't returned the security deposit, you can file a case in civil court to recover it.
3. Gather all the necessary documents, such as the rental agreement, receipt for the security deposit, and proof of damages to the rental property.
4. Hire a lawyer to represent you in court.

Landlord Not Paying Deposit Back? Here’s What You Can Do

If the landlord is not paying the deposit back, the tenant can take the following steps:

1. Send a legal notice to the landlord asking for the return of the security deposit.
2. If the landlord still does not return the security deposit, file a case in the civil court for the recovery of the security deposit.
3. Gather all the necessary documents, such as the rental agreement, receipt for the security deposit, and proof of damages to the rental property.
4. Hire a lawyer to represent you in court.

What happens if the landlord does not return your deposit within 21 days?

If the landlord does not return the deposit within 21 days, tenants should ensure they have fulfilled all rental obligations, such as rent payments and property maintenance. Next, they can send a formal legal notice to landlord for refund of security deposit. It is imperative to retain proof of payments and agreements, since that may furnish relevant material in lodging formal complaints or further resort to legal in recovering the retained deposits if it comes to that.

How can you complain against your landlord for not returning the deposit?

If the owner refuses to return the advance, tenants can start by reviewing their lease agreement to ensure all conditions have been met. They can then file a complaint against the owner for not returning advance with the local consumer forum or housing authority. It becomes important to prepare all the necessary documentation in terms of proof, such as a payment receipt or abridgement of the rental agreement, to put forward the complaint.

Check your Rental Agreement:

The first rule of renting a home is to get a good rental agreement done before moving in. The rental agreement, if drafted well, will have a point about the deposit and the terms and conditions under which it will be refunded. If your case meets these terms and conditions, there is no reason why the owner should deny paying you this amount. If there is no violation of the rental agreement, you can also use this to plead your case in court if the need arises.

A good way to prove that you’re not violating the terms of the agreement and that you’re leaving the house in the same condition as when you moved in is with photographic evidence. Take walk-through pictures of the house (ideally) before you move in and even after when you’re moving out. A checklist is also very useful, this will have details of what was broken, or damaged at the time of moving in so that you don’t have to pay for it when you’re moving out. To get a Rental Agreement.

What should you do if your landlord is not returning the deposit?

If the landlord is not paying the deposit back, the tenant can take the following steps:

1. Send a legal notice to the landlord asking for the return of the security deposit.
2. If the landlord still hasn't returned the security deposit, you can file a case in civil court to recover it.
3. Gather all the necessary documents, such as the rental agreement, receipt for the security deposit, and proof of damages to the rental property.
4. Hire a lawyer to represent you in court.

Get the law involved while getting your Security Deposit

If talking to your landlord does not help, the next thing you can do is talk to a lawyer. He will help you frame a Legal Notice and send it to your landlord. If this still doesn’t work, try filing a civil suit in court for the recovery of this rental deposit sum. This normally would take years, depending on how busy the court is. Some cases get cleared within months, and some take more than 10 years, but if you are patient, the law will work in your favour if you have your documents and evidence in order.

Read: Know Your Renting Rights with the Model Tenancy Act

Use the N.I. Act for Getting Deposit Money Back

The N.I Act or Negotiable Instruments Act has been in effect since 1881. This act was created to ensure promptitude and remedy against the defaulters of any negotiable instrument such as a promissory note, bill of exchange or cheque. To use this method, you need to deposit a cheque with the date that the landlord needs to make payment, when the cheque gets dishonoured and he fails to make payment, then files a complaint under section 138 of this N.I. act.

Planning Ahead with Clarity for Security Deposit

When the landlord not returning the security deposit one of the best things you can do is follow some of the steps that can keep you as well as your landlord in check. For example, your landlord is legally mandated to give you a notice in case your tenancy is being ended, typically ranging for 30 days. You must always make a copy of such a notice, and return a receipt in return. Or when you intend to leave before your contract/lease period, you should always try and get a replacement tenant so that your security amount can be replenished quickly. In case the owner is not returning the security deposit, you will always need the proper documentation and even photos of the repair work done so that these don’t end up being issues in court (in case it happens).

Never Confusing the Last Month's Rent with the Deposit

You should never confuse the last month's rent for a security deposit and always mark a separate sum of money, labelling it as last month’s rent. The benefit of this is that in case the landlord is holding on to the whole deposit amount, you can use this for your next month’s rent wherever you may be moving to next. 

Knowing Your Entitlement as a Tenant for Security Deposit

You should always be aware of what you are entitled to, including the timeline for returning the deposit from the landlord, an itemised statement listing how the deposit amount has been used towards any repairs or cleaning, etc., and a statement stating whatever is left of the deposit amount. Be sure to brush up on the regulations in your state before entering into a rental agreement. 

Following Up Regularly with the Landlord

If you are unhappy with the deductions made from your deposit, be sure to follow up with the landlord as per your legal contract, as you can negotiate further to bring it down. For this, you must clearly lay out why deductions are high and any relevant laws that may have been broken.

If none of these methods work, try asking nicely, publicly, and repeatedly. With some luck, your owner might cave in and give you the money that is due. But we hope that you find good landlords who follow rules. All the best for your house search. Remember, to get a home without paying any brokerage, choose NoBroker and click below for more details.

Frequently Asked Questions

Recommended Reading

Cost of Living in Pune for Couples, Families, and Bachelors in 2025

February 2, 2025

15908+ views

The 5 Most Luxurious Houses/Apartments on Rent in Bangalore

January 31, 2025

2837+ views

Things to Consider While Renting a House for a Family

January 31, 2025

3270+ views

How to Rent House Without Visiting

January 31, 2025

2362+ views

The Complete Guide to Renting a Home in India

January 31, 2025

4600+ views

Most Viewed Articles

Breaking Down House Construction Costs in India: Easy Tips for Your Budget" in better way

January 31, 2025

52300+ views

Celebrity Houses in Mumbai: Glitz & Grandeur in Bandra & Juhu

January 31, 2025

51471+ views

Celebrity Homes in Hyderabad: A Peek Into The Actors and Actresses Luxurious Residences in 2025

January 31, 2025

33401+ views

How to get your Security Deposit Back from your Landlord in 2025

January 30, 2025

15390+ views

12 Best Place to Invest in Chennai: Real Estate Investment and Top Trends for 2025

January 31, 2025

14858+ views